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FAQs About Child Custody And Child Visitation

Divorce splits families. And, sometimes, one parent gets the short-end on custody and visitation time. It doesn’t have to be that way, though. You are a loving parent who wants to spend time with your children, but you have questions that need answering.

The Law Offices of Robert W. Dapelo, Esq., PC, in Patchogue, New York, is an experienced family law firm that has worked with clients in hundreds of divorce cases. With 30 years of experience in family law, we can help you get through a challenging divorce or break-up, providing real solutions in child custody and visitation matters.

Q: What factors do courts consider when determining child custody?

A: There are many, but the main factor is what’s in the best interest of the child. Judges will do thorough vetting of each parent. Do they have the financial capability to provide for the child? Are there signs of substance abuse by the parents? What are the physical and mental histories of each parent? Has the child ever been the victim of abuse? A judge also will examine the relationship between the child and each parent. What kind of a bond do they have? Also considered: a parent’s ability to care for the child and the quality of life he or she will provide.

Q: Will one parent be awarded custody of the child?

A: Increasingly, judges see the importance of both parents retaining active roles in their children’s lives. Typically, a joint custody arrangement is preferred, where both parents share physical and legal custody of the children. But if situations exist in which an environment is harmful or detrimental to a child, the judge likely will award custody to the more stable parent.

Q: Does a grandparent or stepparent have visitation rights?

A: Yes. Grandparents and stepparents may also be granted visitation rights. The key factors are whether the visitation is in the best interest of the child, and whether the adults in question are providing or contributing support in the raising of the child.

Q: Is mediation a solid option when determining child custody and visitation matters?

A: Yes. Mediation involves each parent along with their respective lawyers meeting in a conference with a mediator — who also is an attorney. Mediation is far less costly than litigation and quicker. Custody and visitation matters can be filled with emotion. A discussion in a controlled environment will allow both parents to remain civil while coming to an agreement.

You want to remain in your child’s life and understand the importance of spending time with them. An experienced family law attorney will advocate for you.

For A Free Consultation, Call Us Now

With more than 25 years of experience, The Law Offices of Robert W. Dapelo, Esq., PC, in Patchogue, New York, knows the complexities of family law. Our attorneys are skilled negotiators and experienced litigators who will answer your questions on many family law matters, including child custody and child visitation. We provide one-on-one attention and are available 24-7 throughout Nassau and Suffolk counties and Long Island. For a free consultation, contact us or call our office. Se habla español.